성전환자의 권리보호에 대한 검토

Abstract

All human beings are born free and equal in dignity and rights. Sexual orientation and gender identity are integral to every person's dignity and humanity and must not be basis for discrimination or abuse. People of all sexual orientations and gender identities have equal dignity, respect, and pursuit of happiness to which all persons are entitled. Therefore, as long as it does not contravene the fundamental principle of the order of society or the public weal, they have every constitutional right to self determination guaranteed by the law and constitution. Korea is in a state of legal hiatus on the gender identity changes and there are some typical issues considering trans-gender’s rights. First, ensuring changes to identity documents is difficult due to very strict regulations from the Supreme Court in Korea and many courts’ have different rulings, so it may cause forum shopping. Second, anyone undergoing a requirement for legal recognition of their gender identity might create a conflict in regard to conscription in South Korea. Third, anyone who undergoes medical procedures, including sex reassignment surgery, hormonal or sterilization therapy might confront with high medical costs and could inhibit people from getting appropriate medical care because the Korean government does not support insurance coverage for transsexual people. Last but not least, the right to start a family. After gender identity changes, transsexual people have the right to adopt a child if they meet certain requirements. Of course we may think it is based on actions concerning the best interests of the child but they (the parents) are subjected to discrimination on the basis of their sexual orientation, gender identity or prejudice. In Korea, it is impossible to adopt a child officially as a transsexual person.